» version 1.0 - posted on 2007-07-16
EULA - End User License Agreement
TubeAdder END USER SOFTWARE LICENSE AGREEMENT IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE USING THIS SOFTWARE. BY SELECTING THE I ACCEPT BUTTON AT THE END OF THIS PAGE, YOU INDICATE THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT SELECT I ACCEPT. TUBEADDER LICENSE TERMS: This end user license agreement (Agreement) is a contract between you and TubeAdder that describes the terms and conditions applicable to your use of the TubeAdder USB Password Protect software and the TubeAdder USB Password Protect Elite software and any accompanying documentation (the Software). In consideration of TubeAdder allowing you to access the Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, do not download or continue using the Software. If you change your mind later, stop using the Software and delete all copies of the Software in your possession or control. LICENSE GRANT TO SOFTWARE: TubeAdder grants to you a personal, limited, nonexclusive, non-transferable license to install and use the Software on a single portable storage device. GENERAL RESTRICTIONS: The Software is provided to you only as a Zipped (.zip) file or in an Executable (.exe) form. You may exercise the license rights above only with respect to such object form. You may not distribute or sublicense the Software to others. You may not: make any copies of the Software or allow any other person to use the Software; rent, loan, resell, distribute or sublicense the Software to any other person; make the Software available on any file-sharing service; electronically send the Software to any other person; use the Software for commercial timesharing; or copy any printed materials or user documentation accompanying the Software other than as necessary to support the uses permitted above. You shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software. You shall not cause or permit reverse engineering, disassembly, or decompilation of the Software, including without limitation making any attempt to discover the source code of the Software, except as otherwise required by applicable law notwithstanding this prohibition. COPYRIGHT/OWNERSHIP OF SOFTWARE: The Software is the proprietary property of TubeAdder and its licensors and it is protected by copyright, trade secret and other intellectual property laws, including international treaty provisions. You have no right, title or interest in the Software and acquire only the right to use the Software under the limited license set forth above and do not acquire any other rights, express or implied, in the Software or media containing the Software other than those specified in this Agreement. TubeAdder, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in the Software and media. NO WARRANTIES OF ANY KIND: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUBEADDER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. TUBEADDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER PROGRAM LIMITATIONS, OR THAT SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. TUBEADDER FURTHER DOES NOT WARRANT THAT PRIVATE INFORMATION THAT BELONGS TO YOU AND THAT YOU STORE IN YOUR STORAGE DEVICES WILL NOT BE STOLEN OR OTHERWISE ACQUIRED BY THIRD PARTIES. SOME STATES AND LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. LIMITATION OF LIABILITY: NEITHER TUBEADDER NOR ANY OF ITS LICENSORS SHALL BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DAMAGES CAUSED BY THE SOFTWARE INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, INCONVENIENCE, COMMERCIAL LOSS, LOSS OF REVENUE, OR LOSS OF DATA, INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF TUBEADDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULL EXTENT THE FOREGOING MAY BE DISCLAIMED BY APPLICABLE LAW. YOU AGREE THAT YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF TUBEADDER FOR ANY REASON UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE TO TUBEADDER OR ITS AUTHORIZED RESELLER. TERMINATION: You may terminate this Agreement at any time by uninstalling the Software and deleting all copies and related files. This Agreement and all rights granted to you hereunder will automatically terminate immediately without notice from TubeAdder if you fail to comply with any of its provisions. Upon termination or expiration of this Agreement you must uninstall the Software and delete all copies and related files. TRADEMARKS: TubeAdder is a trademark and/or trade name owned by TubeAdder and this Agreement does not grant you any rights to the TubeAdder trademark or any other trademarks or service marks of TubeAdder. ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER INTELLECTUAL PROPERTY OWNED BY TUBEADDER OR ITS LICENSORS IS PROHIBITED. EXPORT LAW ASSURANCE: By accepting this Agreement, you have acknowledged that export products manufactured by TubeAdder in Australia, and certain products manufactured abroad, may be subject to the laws and regulations of the Australian Government including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), Iranian Transaction Regulations (ITR), the International Emergency Economic Powers Act (IEEPA) and any controls thereunder, and/or amendments thereof. All divisions and subsidiaries of TubeAdder that deal in products, services, or technology of Australian origin or the development or manufacture of products abroad using parts, components, or technology of Australian origin are also considered to be subject to these and other Australian laws and regulations. In addition, with respect to the use or disposition of such commodities and any printed commercial and technical data and information supplied, you acknowledge that you will comply fully with the laws and regulations outlined above and any other controls, laws and/or regulations of the Australia or other local laws and regulations that may be applicable to such commodities. In addition, if these commodities have been rightfully obtained by you outside of the Australia, you agree that you will not re-export the same, nor any printed commercial and technical data and information supplied, nor the direct product thereof, except as permitted by with the laws and regulations outlined above and any other controls, laws and/or regulations of Australia or other local laws and regulations that may be applicable to such commodities. JURISDICTION AND DISPUTES: This Agreement and all matters relating to or arising under this Agreement shall be governed by the laws of Australia and the State of Queensland without regard to its conflict of laws principles, and you agree that any litigation or disputes will be subject to the exclusive jurisdiction of the state or federal courts located in Queensland Australia. The parties consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of the Software, TubeAdder shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal. You agree that regardless of any statute or law to the contrary any claim or cause of action arising out of or related to this Agreement or the Software must be filed within one (1) year after such claim or cause of action arose or be forever barred. SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the use of the Software, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of TubeAdder. NO WAIVER: The waiver by TubeAdder of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of this same or a different provision. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.